1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiffs are the executor of the construction project of the D Apartment-gu Seoul Urban Development Zone B in Gyeyang-gu, Yongsan-gu (hereinafter “instant apartment”).

B. On May 19, 2008, the Defendant entered into a contract with the Plaintiffs for the purchase price of KRW 697,400,000 among the instant apartment units (hereinafter “instant sale contract”). Articles 2 and 3 of the instant sale contract include the fact that the Defendant did not pay any balance within three months from the expiration date of the occupancy designation period designated by the Plaintiffs, and that when cancelling the said sale contract, 10% of the total value will be reverted to the Plaintiffs as penalty for breach of contract.

C. Meanwhile, the payment method under the instant sales contract is as follows.

The second intermediate payment of 34,870,000 (unit payment: 34,870,000 at the time of the first contract for the down payment, the first installment payment of 69,740,000 on June 20, 2008, and the second installment payment of 69,740,000 on July 21, 2008, the third installment payment of 69,740,000 on December 22, 2008, the fourth installment of 69,740,000 on July 20, 2009, the first installment payment of 69,740,000, 69,740,000 on May 20, 200, the aggregate of 204,009,0000,0000 on July 24, 200,000;

D. On August 3, 2008, the Plaintiffs and the Defendant entered into an additional contract (hereinafter “instant additional contract”) and the contents pertaining to the instant additional contract are as follows.

(1) With respect to the interest on loans of the first, second, and third-time part payments in total six occasions, the Plaintiffs shall pay the interest on the loans of the first, second, and third-time part payments up to the day prior to the date on which the occupancy is designated, and the Defendant shall reimburse the Plaintiffs in advance, and the interest accrued from the date when the occupancy is designated shall be borne by the Defendant.

(2) With respect to the interest on three-time loans of the intermediate payment 4, 5, and 6 installments, the Plaintiffs shall pay the interest on the loan up to the part prior to the date on which the occupancy is designated, and the interest accrued from the date when the occupancy

E. Afterwards, the Defendant paid 34,870,000 won to the Plaintiffs, and concluded an agreement with the Plaintiffs to lend part payments.